Davidon Homes v. City of San Jose

The City of San Jose adopted Ordinance No. 24680, which provided for a geological study of a designated area in the foothills. A second phase of the study required invasive testing techniques, including deep borings and installation of inclinometers. The city found the project was exempt from environmental review under California Code of Regulations, title 14, section 15061, subdivision (b)(3) of the California Environmental Quality Act (CEQA) guidelines. (Cal. Code Regs., tit. 14, § 15000 et seq.) Appellants Davidon Homes and Davidon Corporation (hereafter referred to in the singular as appellant) challenged this finding in the trial court on the basis that there was no evidence in the administrative record to support it. The trial court denied appellant’s petition for a writ of mandate, agreeing there was no evidence but finding it was appellant’s burden to produce substantial evidence. We conclude this was error and we will reverse the court’s judgment.

Background

In 1993, the City Council of San Jose imposed a moratorium on development approvals in a portion of the east foothills of San Jose, based on concerns about slope stability in the area. At the time, 11…